Nancy Grace- Inmates harassing BK, DP fed level, alternate suspect defense
Has anyone heard the discussion of the possibility that because BK had pretty much fled across state lines
he could be prosecuted in Federal court and get the Death Penalty?
Nancy Grace is a former prosecuting attorney- she knows her stuff.
Very interesting discussion, I did not know this could be an option.
It would please KG’s family, and they seem to be pushing for such
And alternate suspects- it sure explains why he did not harm Murphy.
IMO
Yes, I have heard the discussion about potential federal charges for flight across state lines as a fugitive of justice, and whether it could lead to reconsideration of the DP.
But awhile back here when I brought it up, a verified lawyer OP IIRC shot it down with something along the lines of state charges trumping federal ones due to the location of the crimes occurring in Idaho, and the travel to PA as a fugitive not being as serious in the eyes of the law as the murders.
However, I may have missed something subtle like the timing being a key factor. As in, federal charges would have to come after resolution of state charges.
MOO, IANAL
I don't think it is realistic.
IMO
it could be considered if the perp committed crime in another state.
Did he?
And
I'm not sure about this "flight as a fugitive" either.
He was coming home/visiting parents in a hometown.
He wasn't charged then, was he?
This case is closed.
JMO
The arrest affidavit or warrant in PA included BK being identified as a potential fugitive from justice (committing a crime in Idaho & leaving soon after to go to PA) as one of the listed reasons why his arrest was justified, which the presiding judge approved & signed off on.
As in, he'd met that criteria by simply being in a different state thousands of miles from where he was alleged to have committed their murders & felonious B&E within a month of the crimes, for which he was considered a fugitive from justice (PA definition & ID as well collaborating with the feds) at the time they were writing the arrest affidavit or warrant.
So no matter what he said his reasons were for being there (home for the holidays), he met the legal criteria for fugitive from justice status.
I don't have access to it to post here, but a copy should be in the Media Only thread, and that is where the fugitive from justice citation came from.
What one of the reasons for his arrest -- him being a fugitive from justice, so they felt it was another reason for acting quickly to arrest him before he could potentiallly flee justice or be a flight risk again from PA that time -- means now, in terms of potential federal charges outstanding, may be water under the bridge.
But it's not entirely clear if that charge has been dropped and closed out.
Because as I said above, LE used it to build on their reasons to justify his arrest in PA, and because state charges in ID trumped any other charges being pursued at that time, it's unknown AFAIK if that potential federal charge was discharged or just put on hold until after ID had their priority charges for the main crimes through the court system there and got the indictment and conviction at the state level.
But it was fleeing the region where the crimes were committed and crossing several state lines to avoid justice by BK, being their only suspect then & later, which earned him that designation in the arrest papers.
MOO